For the purposes of any subsequent booking, the Bride and Groom, hereby known as “the Client” shall, by signing this document, accept the terms, conditions and disclaimers contained in this notice. If you do not accept the terms and conditions then Alexandra Jane Fine Art Photography, hereby known as “the Photographer” is unable to accept the booking.
- Exclusive Photographer
The Photographer shall be the exclusive professional photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client are encouraged to photograph the wedding or reception as long as they do not unreasonably interfere with the Photographers duties. If there is unreasonable interference during the day this will be brought to the attention of the nominated client representative who will take reasonable steps to ensure the reduction or mitigation of the interference.
- Booking Fee and Payment
The Client shall make a booking fee of £350 to retain the Photographer to perform the services specified on the booking form. The booking fee is not transferrable. All outstanding monies for photography services are to be paid in full by the Client 30 days prior to the wedding date. Any delay not agreed between both parties in this payment will incur an additional £50 surcharge on the agreed price or the booking shall be cancelled by the Photographer at the Photographers discretion. Payments made by cheque that are not honoured by the Client’s bank will incur an additional charge of £35, this may also constitute a breach of these conditions at Photographers discretion. Any additional time requested after any agreed timespan between the Client and the Photographer will be charged at £100 per hour for all subsequent hours, where additional services make up part hours the full hourly cost will be charged by the Photographer. This will be charged to the Clients and is to be paid prior to receipt of final images.
Should the client wish to cancel this contract at any time, Notice of Cancellation must be given to the photographer. Ideally the attached cancellation form should be utilised but it can also be done by letter or email. It is the Client’s responsibility to ensure that the Photographer has received this notice. The date of cancellation will be deemed to be the date the Photographer receives written Notice of Cancellation, as confirmed by the Photographer.
In such circumstances the Client will be liable to pay the Photographer the following sums:
- Within 14 days of booking – no fees payable. A refund of any booking fees paid will be given.
- Notice received 365 days prior to the wedding date or more: Booking fee only.
- Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable
- Notice received 182 days or less than the wedding date: 80% of the agreed balance will be payable.
Where no package has been selected or final price agreed upon in writing on the original booking form the agreed balance will be accepted as being £1,000. Any monies paid are not transferrable to any other person other than those named in this contract OR to other products or services.
The cost of any pre-paid and ordered bespoke products cannot be refunded if cancelled. Where an even is postponed until a later date, and subject to the alternative date being available, the Photographer will retain any fees paid and confirm the new event date. Time and services to the client. Such action will result in the termination of this contract and the start of a new. Extra costs may be incurred as dictated by the change in circumstances.
- Photographic Materials
All photographic materials, including but not limited to proofs and digital media, shall be the exclusive property of the Photographer.
- Copyright and Reproductions
The Photographer shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions except where the Client is presented with a USB of photographs. Only then may the Client make copies of the photographs. The Photographer shall only make reproductions for the Client, The Photographers portfolio, samples, self promotion, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or outside of the Photographers studio, including, but not limited to, printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer desires to make other uses, the Photographer may do so without the oral or written consent of the Client. If the Client does not wish the Photographer to use images in the Photographers portfolio, samples, self promotion, photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or outside of the Photographers studio, including, but not limited to, printed materials, media on the World Wide Web, and any current or future digital media, they may purchase a non-disclosure for £500.
- Clients Usage
The Client is obtaining images for personal use only, and shall not sell said images or authorise any reproductions thereof by parties other than the Photographer. If the Client is obtaining an image for newspaper announcement of the wedding, the Photographer authorises the Client to reproduce the image in this manner, providing that the Client requests that the newspaper gives the Photographer credit for the image adjacent to the photograph.
- Failure to Perform
If the Photographer cannot perform to the terms of the booking for any reason beyond the control of the Photographer, then the Photographer shall return all monies paid to the Client, but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the post, or otherwise lost or damaged without fault on the part of the Photographer. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Clients order.
The Photographer will give reasonable endeavour to substitute another photographer to take the photographs only in the event of the Photographer being ill. In the event of such a substitution, the Photographer warrants that the photographer taking the photographs shall be of a competent standard. If substitution is not possible, The Photographer shall not be liable for any amount in excess of the retail value of the Clients order.
- Inherent Qualities
The Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. The Client is also aware that the Photographer is not responsible for the quality of authorised reprints made by the client.
- Client Disappointment
The photographer shall be granted creative and artistic licence in relation to the choice of locations and poses used. The photographer’s judgement on photographic style and the number of photographs taken shall be deemed correct. Style and number of photographs are also dependent on changes of the weather and the availability and willingness of subjects. The photographer will make best effort to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. The photographer shall be granted creative and artistic licence in relation to the editing of images. The photographer’s judgement shall be deemed to be correct. Where a client wishes images to be re-edited the client will be charged at £50 per hour.
- Image Degradation
The Photographer will not be liable for degradation of images due to poor handling and insufficient care. All images need to be kept at room temperature, stored in a box, away from heat and direct sunlight. Any other use will reduce the life of your images. The Photographer accepts no liability whatsoever.
- Force Majeure
The Photographer cannot be held responsible for an event or events that no human foresight could anticipate. This includes, but is not limited to, adverse and/or unfavourable weather conditions or any event which is governed by another person or persons e.g. an industrial strike.
- Photography Restrictions
The Photographer will take reasonable steps to ensure that the images are considered to be of a standard taken by a reasonable person. If there is unreasonable interference from the Client, wedding party guests or other person, not being on time or restricting the Photographers duties then this will be brought to the attention of the nominated client representative who will take reasonable steps to ensure the reduction or mitigation of the interference.
- Location Restrictions
The Photographer will not be held responsible for restrictions placed by, but not limited to, churches, reception venues, hotels, etc. that prevent images being taken. The Photographer cannot guarantee any specific image or incorporate any specific background.
- Photographer Notification
Any circumstances not brought to the attention of the Photographer, which affect the outcome of the wedding photography, will not be the responsibility of the Photographer.
- Client Error
The Photographer accepts no liability for images ordered in error by the Client, any additional reprints made due to Client error will be charged at the Photographers Current Price List.
- Image Selections For Products
Where the Client has purchased an album, the images choices must be made and submitted to the Photographer within 6 months of the wedding date. Album designs must be finalised and signed off within 12 months of the wedding date. If these do not take place within the allocated time frame, additional charges may apply.
- Additional Photographer Expenses
In the event that the Photographer has to travel in excess of 80 miles one way to provide photographic services, then an expenses allowance will be charged at £150 to cover mileage and accommodation. This amount will be charged to the Client at the time the final balance is due.
Any or all additional expenses incurred by the Photographer in carrying out the duties of their service, including, but not limited to, the purchase of albums, mounts and other photographic equipment shall be the responsibility of the Client where the additional expenses were not on the original booking form.
- Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.